We took Florida to court and…Florida forgot to show up.
Get the latest on our open carry lawsuit from Phil on this special episode of Law & Ammo! pic.twitter.com/I0mt500kSl
— Gun Owners of America (@GunOwners) September 26, 2024
Florida Attorney General Ashley Moody will not defend the state’s open carry ban in a case filed by Gun Owners of America (GOA) and Richard “Flying Rich” Hughes.
GOA and Hughes sued State Attorney Thomas Bakkedahl and St Lucie County Sherriff Keith Pearson over the state’s ban on the open carrying of firearms. Florida law bans the practice unless the carrier is engaged in the act of hunting or fishing. All other citizens open carrying a firearm are subject to arrest. Florida is one of the only states in the country not to allow the open carrying of guns. The plaintiffs in the case believe the law is unconstitutional and violates the Second Amendment.
GOA’s Senior Vice President Erich Pratt released a statement when the case was filed saying:
“Florida lawmakers claim to be pro-gun, but year after year, they’ve refused to repeal the 1987 ban on open carry, leaving Floridians in the very anti-gun company of New York, Illinois, and California where this is also prohibited. “
“GOA has been left with no choice but to sue the state, especially since GOA’s open carry bill was blocked by the Republican legislative leadership during the 2024 session’s first week. “
“This ban has no historical basis and will surely be found unconstitutional under the Bruen precedent. We look forward to making our case and fighting for law-abiding Floridians.”
State Attorney Bakkedahl asked the Florida Attorney General’s office to help defend the law, but the AGs office made it known that they had no desire to defend Bakkedahl in court. Mr. Bakkedahl and Sherriff Pearson are on their own. AG Moody has her eyes set on the Florida Governor’s mansion and will need the support of gun owners to win. The decision by her office might be AG Moody is trying to shore up support with her base.
Earlier, the pair missed a deadline for filing a response to the complaint, leading U.S. District Court Judge Jose E Martinez to issue a default judgment. After the ruling, both defendants asked the judge to set aside the default judgment and allow them to defend the law. The judge considered their plea but has now asked the plaintiffs to file a motion for default summary judgment. The Florida open carry ban will be dead if the motion is granted.
The judge doesn’t have to grant the motion for default summary judgment and could allow the defendants to argue the case as if the deadline was not missed, but that doesn’t seem too likely right now. If the motion is granted, it is unclear if Florida or the Sheriff will appeal since they seem reluctant to defend the state law.
For years, gun rights activists have pushed to get an open carry bill through the Florida legislature, but those efforts have failed. Even though the Republicans have passed permitless carry, they refused to include an amendment to allow the open carrying of firearms. Even though the bill was sold to the public as “constitutional carry,” many believe that because it only addressed the concealed carrying of firearms, it wasn’t a true “constitutional carry” bill. Another bill to allow the open carrying of a gun now might not be needed.
The Florida open carry ban might be on its deathbed. All it will take is a stroke of the judge’s pen.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
Good! Open carry should be an option in a state as hot and humid as Florida. In South Carolina, we have had Open Carry in one form or another for about two years. I have seen maybe five different people actually Open carrying, during that time. I choose to conceal carry but like having the option if I so choose. Also, as swmft correctly noted elsewhere on this thread, having the option to open carry protects you from bs charges should you accidentally/unintentionally have your gun exposed to view.
Giving us more options is always a good thing.
I seem to remember some old dead white guys writing down some where, “Shall not be infringed…” Hmmm… Why didn’t the NRA think of this decades ago? Marion Hammer lives in Florida after all. Guess she was too busy defending WLP.
It took GOA to get it done.
People in places like Rhode island or Connecticut don’t have to deal with a state that is all spread out in opinions as well as geography. In Florida’s case the cork-in-the-bottle seems to be a group we may as well call “Red Neck Republicans.” They’re pretty much from that part of the state referred to as the panhandle or “The Red Neck Riviera.” They have more in common with people in Alabama or Mississippi than with folks in the rest of the state. Bottom line is they think that SCOTUS was right in “Dred Scot” and continue to do whatever… Read more »
So you’re saying Marion Hammer is a racist? I know she’s a crook of the highest order.
I’m not trying to be sarcastic, just trying to understand your point.
https://www.amazon.com/Problem-Obvious-Offensive-Political-Graphic/dp/B07FXWTN9C?psc=1
Without showing me a link to a advertisement of a crude t shirt, can you explain your point?
She’s alive, and suing the NRA for her illegal pension.
https://nraindanger.wordpress.com/2024/09/26/marion-hammer-on-the-current-state-of-the-nra/
Marion Hammer wanted to keep her job. If there were no “rights” to fight for in Florida, she’d have to go somewhere else or find another issue to “defend.” Like a labor union “official”; if he did a really great job, he’d have no reason to continue.
She got money from Wayne too…
https://nraindanger.wordpress.com/2022/06/18/marion-hammer-retiring-but-keeping-hand-in-the-till/
The Florida AG gives GOA the win! What a terrific way to clear the statute books of unwanted gun control … and any other libtard statutes.
Appears you can carry a fishing pole and still OC, might need a fishing license too.
If you’re hunting, fishing, camping or in route to/from any of those activities, you can legally open carry in Florida. But you might have to educate a few cops along the way.
https://www.nbcmiami.com/news/local/miami-beachs-south-pointe-pier-closed-over-weapons-investigation/2026609/
I’d carry a copy of the current bill in my tackle box to show if approached by LE.
The Armed Fisherman – YouTube
have been watching this closely since i am a resident and don’t understand why the judge doesn’t immediately file summary judgement against the state, because if it were the other way and a citizen hadn’t responded we would be shit out of luck. maybe because he is part of the state. on my property and that of someone who thinks like an American and understands the Constitution i carry openly. the brief unintended/accidental exposure a concealed firearm has been addressed in statutes, but again we are dealing with police that do not know the most rudimentary rights and statutes, enforcing… Read more »
Sorry, John, but you are misinformed. Florida Attorney General Ashley Moody said she is not defending the lawsuit at this time but said she might be later on. The reason she is not defending the lawsuit at this time is because she is not a defendant in the lawsuit. She should have been, but the plaintiffs’ lawyer posted a YouTube video where he made it clear that he does not have a clue as to what he is doing. He didn’t even know the correct number of days the defendants had to file their response in order to avoid a… Read more »
Now, lets work on New York!
Good to hear. Many law-abiding people have been arrested and suffer from this with now criminal records, lost legal and court costs, fines, etc. https://www.floridacarry.org/litigation/21-flcourts/70-norman-v-state
Florida Carry appears to be kaput.
What’s behind it? Corruption?
Don’t know. But look at their website, doesn’t look like they’ve done anything since 2021.
So much for the hard core all American 2A advocate Marion Hammer of the NRA… She just resigned.
Thank God a 2A group actually is doing some good!
Don’t give money to the NRA, they’re more corrupt than your local city hall. Support GOA.
I remember her saying that the NRA never had any intention of fighting the Hughes Amendment after the FOPA passed. She also willingly gave up open carry when Florida “legalized” concealed carry permits. She’s just another NRA Butter/Fudd who had made a living on using our rights as bargaining chips.
She’s worse than that…
https://nraindanger.wordpress.com/2022/06/18/marion-hammer-retiring-but-keeping-hand-in-the-till/
She’s absolutely disgusting.
Indeed. Now she’s suing the NRA over this…
https://nraindanger.wordpress.com/2024/04/22/nra-marion-hammers-lucrative-retirement-contract-terminated/
I’ve lived in 3 different states with open carry and in all 3 states combine I spotted a whopping 4 people!
it negates brandishing charge for accidental exposure ,that is really what it is about
florida ,at least central and south florida .. is hot and humid most of the year making printing and exposure unavoidable, iwb only place clothing is not sweated thru is in shape of holster ,or gun
That’s why I wear Hawaiian shirts. Works for me and, it’s a great fashion statement! Hi Hi.
Yep. I’ve been wearing them for nearly 30 years and half are a size too large for when I carry.
“For years, gun rights activists have pushed to get an open carry bill through the Florida legislature, but those efforts have failed. Even though the Republicans have passed permitless carry, they refused to include an amendment to allow the open carrying of firearms. Even though the bill was sold to the public as “constitutional carry,” many believe that because it only addressed the concealed carrying of firearms, it wasn’t a true “constitutional carry” bill.” It’s not even truly permitless carry if the government is still dictating who, what, when, where, and how you are permitted to carry but of course… Read more »
Okie Dokie… I’m hunting for some POS to make my day.
There’s a great YouTube channel where an auditor posts his videos of stupid authoritarian Florida cops not understanding the OC law. The Armed Fisherman – YouTube